RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 2102, 23 September 1890, Page 3

RESIDENT MAGISTRATE'S COURT.

TBMimA— Saturday, Sew. 20, 1890,

[Before J. T. M. Hayhurßt and M. Quinn,Esqs., J.P,'*] ■ • nrDECBin? exbosxtbe.

James McNeil, a respectably attired man, aged about 35, was charged with indecent exposure. Inspector Ihompson conducted the prosecution, and at his request the public left the court There were in all fire charges against accused, who has been previously convicted of a similar offence. After hearing the evidence accused was sentenced to 12 months'imprisonment with hard labor.

Tbmwxa—Monbat, Sept. 22, 1890

rßefore C. A. Wray, Esq., R.M., and J. T. M: Hayhurst, Esq., J.P. rarstn.TiN'a language.

Robert Fenton was charged with unlawfully making use of insulting language in a public place, whereby a breach of the peace might have been occasioned. The offence was denied. Mr Cathro appeared for the defence. Henry Lee, Hotelkeeper, Temuka : Eemembered Wednesday, Sept. 10th. Saw defendant in the Mam Btreet at about 10 in the morning. His attention was drawn to him by the noise be was making, He used Btrong language to witness, and subsequently came into his hotel. He put him out twice. He was not sober. There was no quarrel between them. He only used such language when the worse for

By Mr Cathro: Defendant called witness 5y name before he went to the -jjUor Knew o£ no quarrell between himself and Penton, Did not like the

remarks made. By the Bench : There was nothing aggressive in his aspect beyond the .Nicholas, Butcher, Temuka: Saw defendant at the corner of Whitehead and Son's premises. Me came round with his coat off. At witness' request he put it on. He was walking backwards and forwards on the footpath and calling out "Come out you Yorkshire bite." He did not eeem excited. He did not hear him use a grossly offensive word. Did not know the language referred to Mr By 'Mr Cuthro: Heard all that took place. George Eamsay was annoying Benton. The language might have been intended for Eamsay. Did not understand it was meant for Lee. By the Police: Was not aware Eamsay was a Scotchman. Knew Lee was a Yorkshireman. Henry Lee, recalled: Did not make, any complaint to the police. Eobert Fehton: On the date in question had some liquor with Bam say Jt the EoyaL He was annoyed by him Subsequently went to the Grown Hotel. Lee said, "What do you want here ? " " I said, "Shake hands Mr Lee, I only want a glass of beer and am willing to pay for it.' He ordered me out. The language used was not meant for Mr Lee. It was more for pastime. By the Bench: Had no enmity against Mr Lee. Was not a man that bore any spite. John Spillane, Laborer, Arowhenua: Saw Penton on the day in Question in the Eoval Hotel with Eamsay. Eamsay hit Fe'nton and then ran out calling him to come on. Fentoa followed him to the back of the house and took, bis ™at off. Heard him use the expression " Yorkshire bite>." Did not know who he referred to. He was excited and a little the worse for \\auor £id nQ fc notice fcee at the doorway until after the language was nsed. ' Thought it was meant for "Bench considered the charge proved, but thought the case would be lUt with a fine of 20s and witness' expenses ss. * AM-EQED ASSkXJhT. William Kussell was charged will ' having assaulted PrudUa Phillips or ? t.lot last . ▼ Mr BalmVd appeared fpr the inform »nt, and Mr Cathro for the defence. Accused pleaded not guilty. Mr Salmond said that although th< charge had been laid as a common assault it was of such a nature that i would be within the discretion of tb< court to have it amended, and one o: J ? ndecen^« sa^fc]aid ' He then gave* outline of the casp.

The bench considered that it was a charge that should be amended Mr Cathro objected to any amendment of the charge. His client was there to answer a charge of assault only. If the charge were altered he should have to ask for an adjournment. Subsequently it was agreed to adjourn the case for a week on the charge of indecent assault, accused to find bail, himself in £25 and one surety of £25. [Mr Hayhurst here left the bench.J CITII. CASES.

Hayhurst and Co. v. Charles Eedpafch —Claim £62 10s. Dishonored preaaissorv note. J. Ash well, accountant for plaintiffs, proved receipt of promissory note, which was subsequently dishonored. Was not acquainted with defendant s signatureJ. T. M. Hayharsfe stated that since the summons had been served defendant had written to him asking for time to pay- He was acquainted with defendant's signature. The letter had apparently been written by a third party. His Worship said that there was a technical difficulty in the identification of defendant's signature, but judgment would be given for the amount claimed with costs and solicitor's fee. Job Brown v. Henry Kahu—Claim Ba. Judgment by default for amount claimed and costs. The court then rose.